Opinion

Brown v. Knox

Court
District Court, E.D. North Carolina
Filed
Aug 26, 2019
Cited by
0 cases
Authority
More cited than 24.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

NO. 4:19-CV-108-FL

CALVIN EARL BROWN, )

)

Plaintiff, )

)

Vv. )

)

JENNIFER KNOX, Clerk of Superior Court +) ORDER

of Wake Count, )

)

Defendant. )

This matter comes before the court on frivolity review of plaintiff's pro se complaint,

pursuant to 28 U.S.C. § 1915(e)(2)(B). Pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of

Civil Procedure 72(b),United States Magistrate Judge Robert B. Jones, Jr., entered a memorandum

and recommendation (“M&R”), wherein it is recommended that the court dismiss plaintiff's

complaint (DE 6). Plaintiff filed objections to the M&R (DE 8). In this case, the magistrate judge

correctly determined that plaintiff's complaint must be dismissed due to defendant’s derivative

absolute judicial immunity. See McCray v. Maryland, 456 F.2d 1, 4 (4th Cir. 1972). Upon de novo

review of the M&R and plaintiffs objections, the court ADOPTS analysis of the magistrate judge,

which thoroughly and cogently addresses the issues raised by plaintiff in his objections.

Accordingly, plaintiffs complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B). The clerk

of court is directed to close the case.

SO ORDERED, this the 26th day of August, 2019.

Wo W. FLANAGWN

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.